Commonwealth Steel Company Pty Limited Trading AS Molycop

[2025] FWCA 1338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Commonwealth Steel Company Pty Limited Trading AS Molycop

(AG2025/626)

MOLYCOP WARATAH ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 23 APRIL 2025

Application for approval of the Molycop Waratah Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Molycop Waratah Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth Steel Company Pty Limited Trading AS Molycop. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers' Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2025. The nominal expiry date of the Agreement is 30 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth Steel Company Pty Limited, trading as Molycop, sought approval for the Molycop Waratah Enterprise Agreement 2024. The application was brought before the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the legal standards for enterprise agreements, including fairness, coverage, and procedural fairness.

The primary legal issues the court had to resolve were whether the agreement was genuinely bargained between the employer and the employees, and whether it contained the necessary minimum terms and conditions as required by the Fair Work Act. The court also needed to ensure that the agreement was not contrary to public policy and that the process through which the agreement was negotiated and concluded was fair.

The Fair Work Commission carefully reviewed the evidence presented and the terms of the agreement. The Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The process followed was deemed procedurally fair, and the agreement did not contravene any public policy considerations. The Commission approved the Molycop Waratah Enterprise Agreement 2024, confirming its compliance with the relevant legal standards.

The final orders of the Fair Work Commission were that the Molycop Waratah Enterprise Agreement 2024 be approved as compliant with the Fair Work Act 2009, and that it be registered accordingly. This decision provides clarity and legal certainty for the parties involved, allowing the agreement to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established